Okaloosa County BOCC — September 24, 2015 — Agenda Packet — reading text

Agreement. This Agreement represents the entire understanding between the parties with respect to the undertakings covered hereunder and there are no oral or collateral agreements with respect thereto between the parties. Section 13. Governing Law and Venue. The validity, construction and performance of this Agreement shall be governed by the laws of the State of Florida. Venue for any action arising out of this Agreement shall be in Okaloosa County, Florida. Section 14. Construction. The parties acknowledge and agree that this Agreement has been drafted jointly by the parties and that no uncertainty or ambiguity as to the proper application or interpretation of the Agreement or any term herein is to be construed against either party as the drafter of the Agreement. Section 15. Assignment. This Agreement shall not be assigned except by consent of the parties. Section 16. Indemnification. Subject to the limitations provided in section 768.28, Florida Statutes, and without otherwise waiving sovereign immunity, both parties shall indemnify and hold harmless the other from and against any and all third party claims, demands, damages, losses, and expenses, including attorney’s fees and costs, arising out of this Agreement, except for those claims, demands, damages, losses, and expenses arising out of the other party’s negligence, malfeasance, nonfeasance, or misfeasance. Section 17. Severability. If any portion of the Agreement, the deletion of which would not adversely affect the receipt of any material benefit by either party, is for any reason held or declared to be invalid or unenforceable, such determination shall not affect the remaining portions of this Agreement. If this Agreement or any portion of this Agreement is held or declared to be inapplicable to any person, property or circumstance, such determination shall not affect its applicability to any other person, property or circumstance. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Agreement. CITY OF FORT WALTON BEACH By: _______________________________________ Mike Anderson, Mayor Dated: _____________________________________ Page 3 of 5 Packet Pg. 51  1.g.a Attachment: I. g. City of FWB Interlocal for Landing (4777 : City of FWB Agmt for Landing Covered Performance Stage (Charlotte Dunworth)) ATTEST: By: _______________________________________ Kim Barnes, City Clerk BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA By: _______________________________________ Nathan D. Boyles, Chairman Dated: __________________________ ATTEST: By: _______________________________________ J.D. Peacock, II Clerk of the Circuit Court Page 4 of 5 Packet Pg. 52  Page 5 of 5 EXHIBIT A SCOPE OF SERVICES 1.g.a Packet Pg. 53 Attachment: I. g. City of FWB Interlocal for Landing (4777 : City of FWB Agmt for Landing Covered Performance Stage (Charlotte Dunworth))  Okaloosa County Tourist Development Council CITY OF FORT WALTON BEACH April 23, 2015 LANDING MASTER PLAN 1.d.a 1.g.a Packet Pg. 21 54 Attachment:I.I.g. Attachment: d.City FWBof FWB Landing Interlocal Master for Plan_PHASING (4118 Landing (4777 : City : City of of FWBFort AgmtWalton for Landing Beach  1.d.a 1.g.a Attachment:I.I.g. Attachment: d.City FWBof FWB Landing Interlocal Master for Plan_PHASING (4118 Landing (4777 : City : City of of FWBFort AgmtWalton for Landing Beach GOALS & OBJECTIVES • Make the Landing a cultural hub for land & water activities. • Increase the options of activities available to visitors at the Landing. • Enhance the park for community events. • Improve the park for residents and visitors. • Promote economic vitality through increased activity and uses. • Increase park usage & intensity and reduce vagrancy. • Provide water related activities and opportunities that enhance visitor’s experiences and encourage them to stay longer. • Enhance the magnitude of events that can be held at the Landing, bringing visitors back again and again. Packet Pg. 22 55  1.d.a 1.g.a Attachment:I.I.g. Attachment: d.City FWBof FWB Landing Interlocal Master for Plan_PHASING (4118 Landing (4777 : City : City of of FWBFort AgmtWalton for Landing Beach MASTER PLAN DIRECTIVES • Preserve & enhance the western portion of the Landing. • Preserve the mature trees throughout the park. • Enhance the performance stage. • Renovate the boardwalk and seawall. • Preserve the existing playground and restroom facility. • Relocate the trash receptacles on the western side. • Strategize the redevelopment of the Science Center building. Packet Pg. 23 56  PRELIMINARY CONCEPT DESIGNS 1.d.a 1.g.a Packet Pg. 24 57 Attachment:I.I.g. Attachment: d.City FWBof FWB Landing Interlocal Master for Plan_PHASING (4118 Landing (4777 : City : City of of